Pub Date : 2009-11-10DOI: 10.1080/14760400903354507
M. Wyburn
While most would admit that plagiarism, or at least its detection, has increased significantly in recent times, and this is a worldwide trend, not everyone would agree on the definition of the term, nor its application in particular circumstances. The paper discusses the problems of definition and application as revealed in recent Australian cases and controversies about plagiarism in the legal education and legal practice contexts.
{"title":"THE CONFUSION IN DEFINING PLAGIARISM IN LEGAL EDUCATION AND LEGAL PRACTICE IN AUSTRALIA","authors":"M. Wyburn","doi":"10.1080/14760400903354507","DOIUrl":"https://doi.org/10.1080/14760400903354507","url":null,"abstract":"While most would admit that plagiarism, or at least its detection, has increased significantly in recent times, and this is a worldwide trend, not everyone would agree on the definition of the term, nor its application in particular circumstances. The paper discusses the problems of definition and application as revealed in recent Australian cases and controversies about plagiarism in the legal education and legal practice contexts.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115909417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-11-10DOI: 10.1080/14760400903403676
A. Voiculescu
{"title":"TRADE AND DEVELOPMENT WITH A HUMAN RIGHTS TOUCH: FORGING NEW AGENTS FOR CHANGE IN INTERNATIONAL AGREEMENTS","authors":"A. Voiculescu","doi":"10.1080/14760400903403676","DOIUrl":"https://doi.org/10.1080/14760400903403676","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116273523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-11-10DOI: 10.1080/14760400903195090
M. Siems
This article identifies four different types of interdisciplinary legal research: one basic and three advanced types. Basic interdisciplinary research uses the same questions as starting points as traditional legal research, however, it also considers other academic disciplines in order to answer these questions. Advanced interdisciplinary research goes further: it can either deal with research questions that are not about the law as such (type 1), or incorporate "scientific methods" into legal thinking (type 2), or combine both (type 3.) This new taxonomy is useful in order to identify the benefits and difficulties of different types of interdisciplinary legal research.
{"title":"The Taxonomy of Interdisciplinary Legal Research: Finding the Way Out of the Desert","authors":"M. Siems","doi":"10.1080/14760400903195090","DOIUrl":"https://doi.org/10.1080/14760400903195090","url":null,"abstract":"This article identifies four different types of interdisciplinary legal research: one basic and three advanced types. Basic interdisciplinary research uses the same questions as starting points as traditional legal research, however, it also considers other academic disciplines in order to answer these questions. Advanced interdisciplinary research goes further: it can either deal with research questions that are not about the law as such (type 1), or incorporate \"scientific methods\" into legal thinking (type 2), or combine both (type 3.) This new taxonomy is useful in order to identify the benefits and difficulties of different types of interdisciplinary legal research.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116168557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-11-10DOI: 10.1080/14760400903195074
R. Nwabueze
This article explores the question of whether a legal practitioner could be professionally disciplined for acts done in a non‐professional capacity for which there is no criminal prosecution or conviction. It suggests that purely private and non‐criminal acts should not give rise to professional sanction and that the relevant provisions of the Nigerian Legal Practitioners Act should be interpreted narrowly.
{"title":"BREACH OF TRUST AS PROFESSIONAL MISCONDUCT","authors":"R. Nwabueze","doi":"10.1080/14760400903195074","DOIUrl":"https://doi.org/10.1080/14760400903195074","url":null,"abstract":"This article explores the question of whether a legal practitioner could be professionally disciplined for acts done in a non‐professional capacity for which there is no criminal prosecution or conviction. It suggests that purely private and non‐criminal acts should not give rise to professional sanction and that the relevant provisions of the Nigerian Legal Practitioners Act should be interpreted narrowly.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126373631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-10-01DOI: 10.1080/14760401.2009.502757
Peter Ward
{"title":"Justice, Legality, and the Rule of Law: Lessons from the Pitcairn Prosecutions","authors":"Peter Ward","doi":"10.1080/14760401.2009.502757","DOIUrl":"https://doi.org/10.1080/14760401.2009.502757","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130752256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-10-01DOI: 10.1080/14760401.2009.496606
M. Cornock
A review of the history of the Journal of Commonwealth Law and Legal Education and looking forward to changes in the journal
回顾联邦法律和法律教育杂志的历史，并期待在杂志上的变化
{"title":"A glance back and a brief look forward","authors":"M. Cornock","doi":"10.1080/14760401.2009.496606","DOIUrl":"https://doi.org/10.1080/14760401.2009.496606","url":null,"abstract":"A review of the history of the Journal of Commonwealth Law and Legal Education and looking forward to changes in the journal","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125812755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-10-01DOI: 10.1080/14760401.2009.496609
I. Worugji, James E. Archibong
Though the strike is accepted as an indispensable component of a democracy and a stimulus to social dialogue in industrial relations, strikes have remained controversial in many jurisdictions and are repressed by law in some legal systems. This paper examines the legal response to strikes in Nigeria and the implications for workers. It reviews the law over time and finds that it has remained repressive, based on the lopsided desire to protect general services and the business interests of the employer over and above the interests of the worker. In spite of these repressive laws, workers have continued to use strikes in expressing their grievances. The paper argues for legitimization of strikes in industrial relations in Nigeria. This is necessary if we are to encourage social dialogue and workers' participation in the democratic management of the enterprise and the economy as a whole. The paper posits that sustained social dialogue and workers' participation in the democratic management of the enterprise ...
{"title":"THE REPRESSIVE FACE OF LAW TO STRIKE IN NIGERIA: HOPE FOR INDUSTRIAL PEACE?","authors":"I. Worugji, James E. Archibong","doi":"10.1080/14760401.2009.496609","DOIUrl":"https://doi.org/10.1080/14760401.2009.496609","url":null,"abstract":"Though the strike is accepted as an indispensable component of a democracy and a stimulus to social dialogue in industrial relations, strikes have remained controversial in many jurisdictions and are repressed by law in some legal systems. This paper examines the legal response to strikes in Nigeria and the implications for workers. It reviews the law over time and finds that it has remained repressive, based on the lopsided desire to protect general services and the business interests of the employer over and above the interests of the worker. In spite of these repressive laws, workers have continued to use strikes in expressing their grievances. The paper argues for legitimization of strikes in industrial relations in Nigeria. This is necessary if we are to encourage social dialogue and workers' participation in the democratic management of the enterprise and the economy as a whole. The paper posits that sustained social dialogue and workers' participation in the democratic management of the enterprise ...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114661146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-10-01DOI: 10.1080/14760401.2009.496608
E. A. Crowne-Mohammed
This paper is a response to recent academic trends proposing Codes of Conduct for law students. I argue against the notion that such Code(s) treat law students ‘as if’ they were lawyers. In particular, any proposed Code of Conduct should never have extra‐territorial effect and govern actions in a law student's private life. Nor should there be a duty to report alleged instances of misconduct for fear of creating a climate of distrust and secrecy. These problems, as a whole, would defeat the development of professionalism or ethical behaviour among law students.
{"title":"LEARNING TO ACT LIKE A LAW STUDENT: A RESPONSE TO THE MODEL CODE OF PROFESSIONAL RESPONSIBILITY FOR LAW STUDENTS","authors":"E. A. Crowne-Mohammed","doi":"10.1080/14760401.2009.496608","DOIUrl":"https://doi.org/10.1080/14760401.2009.496608","url":null,"abstract":"This paper is a response to recent academic trends proposing Codes of Conduct for law students. I argue against the notion that such Code(s) treat law students ‘as if’ they were lawyers. In particular, any proposed Code of Conduct should never have extra‐territorial effect and govern actions in a law student's private life. Nor should there be a duty to report alleged instances of misconduct for fear of creating a climate of distrust and secrecy. These problems, as a whole, would defeat the development of professionalism or ethical behaviour among law students.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130547753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-10-01DOI: 10.1080/14760401.2009.502758
J. Hatchard
The case of Crown v Mochebelele and Molapo 1 is the latest in a series of decisions handed down by the courts in Lesotho arising from allegations of bribery in connection with the Lesotho Highlands...
{"title":"COMBATING TRANSNATIONAL CORPORATE CORRUPTION: SOME FURTHER LESSONS FROM LESOTHO","authors":"J. Hatchard","doi":"10.1080/14760401.2009.502758","DOIUrl":"https://doi.org/10.1080/14760401.2009.502758","url":null,"abstract":"The case of Crown v Mochebelele and Molapo 1 is the latest in a series of decisions handed down by the courts in Lesotho arising from allegations of bribery in connection with the Lesotho Highlands...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133109120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-10-01DOI: 10.1080/14760401.2009.496610
Swethaa S. Ballakrishnen
The face of post‐independent Indian legal education has altered dramatically since the inception (and consequent replication) of the five‐year national law school model. Whereas traditional Indian universities offered (and in some cases continue to offer) law as a three‐year full or part‐time graduate programme, the new national law schools have sought to foster, through an intensive five‐year model, a combined degree in law and the arts with a strong commitment to improve existing legal infrastructure. Indeed, with this ambition, these schools have spearheaded critical changes in syllabi and structure to challenge a new generation of lawyers to think critically, analyse comprehensively, and argue articulately. But more than twenty years after the Bar Council of India started the first law school dedicated to the multidisciplinary, socially influential teaching of law, now is the time perhaps for retrospection and analysis. What was the initial impetus that fostered the need for these law schools? And mor...
独立后的印度法律教育面貌，自从五年制国家法学院模式开始(以及随后的复制)以来，发生了巨大的变化。传统的印度大学提供(在某些情况下继续提供)为期三年的全日制或非全日制研究生课程，而新的国家法学院则试图通过强化的五年模式，培养法律和艺术相结合的学位，并致力于改善现有的法律基础设施。事实上，有了这一雄心，这些商学院率先对教学大纲和结构进行了重大改革，以挑战新一代律师批判性思考、全面分析和清晰辩论的能力。但是，在印度律师协会(Bar Council of India)创办第一所致力于多学科、具有社会影响力的法律教学的法学院20多年后，现在或许是时候进行回顾和分析了。最初是什么推动了对这些法学院的需求?和铁道部……
{"title":"WHERE DID WE COME FROM? WHERE DO WE GO? AN ENQUIRY INTO THE STUDENTS AND SYSTEMS OF LEGAL EDUCATION IN INDIA","authors":"Swethaa S. Ballakrishnen","doi":"10.1080/14760401.2009.496610","DOIUrl":"https://doi.org/10.1080/14760401.2009.496610","url":null,"abstract":"The face of post‐independent Indian legal education has altered dramatically since the inception (and consequent replication) of the five‐year national law school model. Whereas traditional Indian universities offered (and in some cases continue to offer) law as a three‐year full or part‐time graduate programme, the new national law schools have sought to foster, through an intensive five‐year model, a combined degree in law and the arts with a strong commitment to improve existing legal infrastructure. Indeed, with this ambition, these schools have spearheaded critical changes in syllabi and structure to challenge a new generation of lawyers to think critically, analyse comprehensively, and argue articulately. But more than twenty years after the Bar Council of India started the first law school dedicated to the multidisciplinary, socially influential teaching of law, now is the time perhaps for retrospection and analysis. What was the initial impetus that fostered the need for these law schools? And mor...","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114215260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：